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ANIMALS SUED FOR
ACTION, TWICE TRIED IN DIS-
TRICT COURT GOES UP
TWO DEFENDANTS AND TWO
HORSES HAVE DIED SINCE
The famous Berkner horse case, which
has been bouncing back and forth be
tween the district court of this district
and the state supreme court for the past
four or five years, is again on the docket
of the higher court, this time on an ap
peal from the decision of Judge A. R.
Pfau of Mankato, at whose order judg
ment was entered against the plaintiffs
for sums totaling about $650. The ap
peal to the supreme court is to prevent
excution of this judgment.
The case is one of the most peculiar
ones handled in the district court, inas
much as two of the defendants are dead
and two of the horses also. The case
originated in the township of Mulligan,
Brown county, along in the latter part
of 1908, when Frank Curtright gave a
mortgage to Willis L. Cunningham on
three horses. Later these same animals
were again mortaged, in favor of Berkner
Bros., the plaintiffs in the present case.
It seems that Cunningham wanted to
get his money from Curtright and upon
his advice Curtright arranged, adver
tised and held a public auction, at which
among other chatties a*nd goods these
horses were sold to the highest bidders.
After the auction Berkner Bro., replevin
ed the horses under their mortgage and
started suit against the purchasers at
the auction for possession of the animals.
The first time the case was tried in Brown
county before Judge Pfau and he held
that inasmuch as the plaintiffs in the
case had been duly notified of the pro
posed auction sale and at that time did
not put in ah objection they had no re
course at law. This decision was ap
pealed from to the supreme court, which
body remanded the case back to the
district court on a writ of error. The
second case came up before Judge Pfau
at Mankato, where the old evidence and
some new points were introduced, but the
court again held for the defendants and
entered judgment against the plaintiffs
accordingly. The present appeal is
from the judgment.
A string of attorneys are interested
in the case, Brown Abbott & Somsen of
Winona and several assistants represent
ing the plaintiffs and A. Ericksen, L. G.
Davis and Edward C. Fanner the de
The defendants in the case were Mar
tin Sherman, Wm. Schmitt and Dudley
G. D. Evelyn. The two latter are dead,
their defense being conducted by the
administrators of their estates.
WILL REBUILD SUMMER RESORT.
John Hardegger of Lake Jefferson who
recently lost his fine summer hotel at
Point Pleasant by fire, has decided to
rebuild this spring and is now busy
laying plans for the same. Mr. Har
degger plans to sell the Beaver Dam
property, where his family is residing
since the fire, and will rebuild the Point
Pleasant place large and better than
before. The new building will contain a
large dining room, kitchen and a few
beother rooms, while several additional
cottages will be built nearby to take care
of the summer patronage. The loss on
the property destroyed by fire was six or
seven thousand dollars.
LE SUEUR MILL SUED.
Dispatches from St. Louis state that
suit has been started against the pro
prietors of the flour mill at Le Sueur,
for alleged infringement on the patent
rights of a St. Louis firm in the using of a
flour bleaching process, protected by
patent rights by the complaining concern.
The suit has been started in the federal
courts and will be tried at Mankato in
the near future.
CONDUCT OF RURAL SCHOOLS IS
TOPIC FOR EDUCATORS.
County superintendents of schools of
Southern Minnesota met at Mankato
last Thursday in annual te si:n to discuss
matters relating to the successful conduct
of the rural schools. Among the topics
taken up were "The Teachers' Training
Department," "Teachers' Institutes,"
"The Rural School Committee," "Coun
ty Superintendents" and "Consolidation
of Rural School Districts."
Prof. E. T. Critchett, formerly super
intendent of the New Ulm public schools
but now director of the Teachers' Em
ployment Bureau, attended the meeting
as did C. C. Sain, State Rural School
Commissioner, of the state department
Supt. R. B. Kennedy of this county
attended the sessions.
NEW BANK STARTED AT JUDSON.
Financiers of Blue Earth And Nicollet
Counties Organize State Bank.
A new banking institution under the
name of the Farmers' State Bank will be
started at Judson within the next week
or two. Its charter was issued last week
and as soon as the proper quarters can
be secured operations will begin.
The new banking institution is organ
ized by prominent residents of Blue
Earth and Nicollet counties. O. K.
Door of Nicollet township will be presi
dent and E. R. Jones, present cashier of
the North Mankato State bank, vice
president. The active management of
the new bank will be in the hands of
W. W. White of Newport, Calif. Mr.
White is an experienced banker and
graduate of Georgetown (Wash. D. C.)
law school. He will at once remove to
Judson with his family.
The capital stock of the bank is $10,000
and all of it has been subscribed by busi
ness men and farmers of the two counties.
Judson is one of the most thriving little
villages in this section of. the state,
having one of the richest farm sections
of the country tributary.
BAND PREPARING FOR ANNUAL
Members of the Second Regiment
band are busily engaged in preparations
for the annual concert of that musical
organization to take place on Sunday
evening, Feb. 27, at the new armory.
Several diversions from the usual pro
gram are made this year, by interspers
ing the musical numbers with a couplet
and humorous trio. The complete pro
gram appears elsewhere in this issue, in
POSTOFFICE CLERKS WILL BE
Four of the local clerks at the post
office will have to submit to an examina
tion beginning Thursday, Feb. 24, and
continuing every day until the entire
list has been through. Assistant Post
master Weddendorf also will take the
civil service examination. The clerks
who will have to stand examination are
the following: Fred Oswald, Joseph
Karl, Edwin Alwin and Herbert Bal
trusch. The examination is an annual
affair which all clerks below a certain
grade have to undergo.
The examination this year will be
conducted by the chief clerk of the civil
service commission for this district, Wm.
R. Hildegick of St. Paul.
BABY, SOLE SURVIVOR OF FAMI
LY, GETS $10,000.
The Standard Oil Company has
effected a settlement with the sole sur
viving member of the Harry Howe
family of Kiester, a baby boy of six
months, whose parents lost their lives in
a fire caused by the explosion of gasoline
at their home at Walters, east of Blue
Earth a short time ago. Speaking of the
case the Albert Lea Tribune says:
"After a thorough investigation of
causes leading to the explosions, it was
found that the csns containing what was
supposed to be only kerosene in reality
contained a mixture cfgasoline and that
some supply house rad made a serious
mistake in delivering the stuff to cus
tomers. The Standard Oil people paid
over the sum of $10,000, which will be
kept in trust for the Howe baby, and
to Bert Howe, a brother of Harry Howe,
they gave the sum of $1,000. Bert was
most terribly burned in his herioc efforts
to save the lives of Mr. and Mrs. Howe.
His condition is not serious however, for
he is recovering from the effects of the
"The Howe baby is also heir to the
$2,000 life insurance policy which its
father carried in the Woodmen order."
MAYOR FRITSCHi WILL NOT
ACCEPT OFFICE AGAIN.
Dr. L. A. Friti chi, who has been mayor
of New Ulm for the past six years stated
to a representative of the Review yester
day that he will positively decline to run
again for the office, or to ac lept it should
he be named for the place. He says
there are many competent men any one
of whom would make a good chief
executive of the city and he wants to see
the honor passed around.
The columns of the Review are open to
its readers and any suggestions along that
line will be properly taken care of and
given the necessary publicity.
SLEEPY EYE MONEY
MAY RE-OPEN MILL
NEW ULM PARTIES ALSO CON
MAY MEAN CLOSE AFFILIATION
BETWEEN INTERESTS OF TWO
It appears that a move is on foot in
Sleepy Eye to re-open the mill there just
as soon as matters can be adjusted with
the company appointed as receiver, ac
cording to Sleepy Eye business men who
were in conference with local millers and
other business men a few days ago. These
gentlemen state that several of the
wealthy farmers in the vicinity of Sleepy
Eye have offered to come forward with
the coin of the realm if they can be
shown that the business will be conducted
upon a sound, non-speculative basis.
Their visit to the city, while given out
as simply a social call, is regarded in a
different light by those who have been
keeping tab on the situation in the
neighboring city. It is said that several
people now interested in mills in New
Ulm may become identified with the
Sleepy Eye venture, if not active, at
least in an advisory capacity. Also that
the New Ulm parties have a man in view
who will be able to handle the business
and financial end of the company on
account of his present connections.
Should this part of the deal go through
and the mill be re-opened with Sleepy
Eye and New Ulm capital behind it, it is
believed that the proposition can but
prove a success.
Inquiry at Sleepy Eye Monday did not
reveal anything new in the milling
situation, except that the commercial
club had taken the matter up at a recent
meeting and was working to re-open the
mill, either by the receiver or through
the re-organization of the company. The
closing of the'mill is a severe blow to H&J
source of income for many of the mer-
It is expected that a meeting of the
assessors of Brown county will be held
in the near future at the call of the state
tax commission, which is now conducting
similar meetings in various parts of the
state. The regular annual meeting of
of the county assessors with the county
auditor will be held this year on April 27.
NEW ULM, BBOWN COUNTY, MINNESOTA, WEDNESDAY, FEB. 16,19l6,V
business interests of Sleepy Eye, as quite^ Merchants hotel corner on the north,
a few men were thrown out of employ-
OLD HOTEL CORNER
BUILDING ACTIVITY OF CITY
WILL EXTEND TOWARD
TWO STORY BUILDING PLANNED
FOR CORNER FIRST SOUTH
That the business district will gradu
ally have to expand towards the southern
part of the city is the belief of many of
the property owners of that section-of the
city and already several new improve
ments are being planned for that end of
Minnesota street. It is said that the
old Washington house property is the
object of several of the local investors,
who intend to construct a large apart
ment house there, believeing that its
close proximity to the downtown section
will find ready tenants. Another ven
ture in the same vicinity is also talked
about and may materialize into some
thing tangible within the next few weeks
if certain real estate deals now pending
One of the larger improvements, how
ever, is an assured fact and that is the
erection of a business block on the site
of the old Merchants hotel, destroyed by
fire years ago and unoccupied ever since
that time, corner First South and Minne
The corner at present is owned by
Messrs. Schoch and Graff. The former
states that the building will be erected
during the coming summer and that
plans are now being prepared with that
end in view. Whether or not the build
ing will be erected by Dr. Schoch, or by
the investment company in which he is
heavily interested, is not given out for
the present. The vacant property is a
large one and probably only the front
75 feet will be used for store purposes.
Th° property now owned by Math.
Siebenbrunher," directly adjoining the
a a 0
ment and the business transacted daily operations, as all the owner of that pro
at the mill had been a considerable
an( re a
OUR MEN OF AFFAIRS
R,P. ZSCHUNKE, Propr. Columbia Cloflifiig Store
z, ir £**», A*. S y» A Z* &&U J»?B^»XW!^M^"*SL
be included in the building
to do is to get an in-
ect a front
re in he a a 1 a er
This is now under considera-
tion by the parties interested.
Rumor has it that the new building is
to be occupied by one of the local drug
stores, but this could not be verified.
One of the local barbers is figuring with
the builders for the installation of up-to
date tonsorial parlors and this part of the
deal prohably will go through.
On the rear of the old hotel corner one
of the present garage men contemplat!
the erection of a new and modern build
ing for his business, so that eventually
that entire space will be occupied by
various enterprises. The garage plans
also will be executed by the architect
within the next few days.
ROCK COUNTY AUDITOR
The disappearance of John Kelley,
county auditor of Rock county, from his
office at Luverne nearly two weeks ago,
is causing the people of that section of
the state no little excitement, as a state
wide search has been instituted, there
being a difference of opinion as to
whether only the dead body of the man
will be found or whether the missing
official planned his disappearance in
order to seek treatment in some sani
tarium. The hope of finding him alive,
however, seems to appear less probable
as time passes, as news of Kelley's dis
appearance has been spread broadcast
and all hospitals in the state and ad
joining states have been notified.
Search for the missing man in the
immediate vicinity of Luverne has been
made more difficult of late on account
of the deep snow and it is feared that the
body will be carried away with the spring
floods if it is not found before warmer
weather sets in.
The county auditor walked out of his
office a few weeks ago, went down town
and talked with several acquaintances
and then disappeared. Rumors that he
had been seen walking towards the river
and others that he had been seen in the
vicinity of the railroad yards, gave rise
to the suspicion that he had committed
suicide in the one case and that he had
boarded a freight train and left town in
the other, but neither could even be veri
fied, the parties not being sure of Kelley's
STORM AT TRACY, SUMMER
WEATHER IN NEW ULM.
Reports from Tracy Monday were to
the effect that a snowstorm was raging
in that vicinity and that the train service
probably would be crippled as a con
sequence for several days. At the time
the news was received in this city, New
Ulm was basking in the sunshine and
enjoying the finest kind of spring
While the news of the storm may have
scared the railroad officials to some ex
tent, it seems that the trains were held
an unnecessary length of time at Sleepy
Eye to give the storm a chance to blow
over. From other sources than railroad
circles comes the story that the crews on
the trains held at Sleepy Eye had al
ready put in as much time as is allowed
under the state law and that the occasion
for the delay was to give these men a
chance to rest for a few hours while the
blizzard story was mostly fairy tales, in
other words, bunk.
WILL IS CONTESTED.
The probating of the will of Emmanuel
Kopp, who died about a month ago at
the residence of Attorney Albert D.
Flor, brought on a contest by several of
the relatives of the deceased and ob
jections were made to the probating of
the document last Wednesday. Judge
Ross decided that the will should be
admitted to probate, but it is likely that
the case will be further aired in the
district court, unless settlement is made
with the relatives. Under the will Mr.
Flor becomes the sole executor and
beneficiary to the amount of $2,000
in personal property. Although all of
the evidence was not introduced at the
hearing last week, it is said that Mr.
Kopp came to Mr. Flor some years ago
and asked to be given a home, in return
for which the latter would receive the
proceeds from his personal property after
death. Mr. Flor decided to agree to
this and took the eccentric old gentleman
into his home where he was taken care
of and regarded as a member of the
household. It seems that years ago
Kopp disagreed with his relatives and
would not seek them out when old age
made it impossible for him to longer earn
a livelihood, hence his appeal to the
family of the young attorney. The con
testants of the will are August Vogl of
Sigel, a nephew of the deceased, and two
sisters, Mrs. Julia Dahlke of Detroit,
Mich., and Mrs. Anna Teske of South
Dakota. There is also said to be a
brother still in the old country, whose
whereabouts, however, have not yet
There will be no city or rural deliveries
on Washington's birthday, next Tues
day, Feb. 22nd. The carrier and general
delivery: window* will be open from 8:30
to 10 A. M. and the incoming and out
going mails will be taken care of.
Leaves Office in Broad Daylight And
PROGRAM ARRANGED BY G. A. Rfc
POST CARRIED OUT AT
SPEECHES RECALL TROUBLOUS
ANTEBELLUM DAYS OF
Lincoln's birthday anniversary was
observed in New Ulm last Saturday in
manner befitting the occasion by a care
fully planned and well carried out pro
gram at the new armory under the
auspices of the G. A. R. The spacious
hall was well filled and the several
musical numbers, recitations and ad
dresses were well rendered and greatly
appreciated. The original program had
to be changed somewhat on account of
the illness of several of the participants
and as carried out was as follows:
Invocation by Rev. E. F. Wheeler.
"Battle Hymn of the Republic," Boy
"Lincoln's Gettyburg Speech", Armin
Koehler, introduced by the chairman as
the Abe Lincoln junior of New Ulm.
Address in German by Rev. C. Hohn.
Song, "Cobwebs, S. Girls! Glee club*
Recitation, "The American Flag,"
Miss Minnie Brust.
English address, A. D. Maes, depart
ment chaplain of the G. A. R., of Lake
The exercises closed with the singing of
"America" by the audience. Mrs. Wnu
B. Mather presided at the piano.
Seats had been reserved for the mem
bers of the G. A. R. and for the Ladies
of the A. R., members of Company
A acting as ushers.
Rev. Hohn, who spoke in German
prefaced his remarks with a brief sketch:
of the life of the Great Emancipator, then
gave an interesting character study, first
dwelling upon Lincoln's independence
gained through his early experiences in
life when he was confronted by and over
came obstacles which would have made a
less determined man hesitate and become
discouraged second upon Lincoln's sense
of justice and fairness, not alone as a
lawyer, but also as a private citizen and
public official, and third upon his opti
mism in life, ever looking upon the
bright side of things, always looking
hopefully into the future no matter how
dire the distress of the present. He
spoke of Lincoln's farsightedness as a
statesman and that greatest of all quali
fications which to this day endears him
to the hearts of the American people—
his great love for the human race.
Speaking of Lincoln as the "War Presi
dent," he enumerated *he various classes
of war—war for conquest, war for defense*
war for liberty and war for the advance
ment of the human race. The latter
was the war of Lincoln.
Rev. Maes, one of two surviving mem
bers of Lincoln's bodyguard, took as bis
topic, "From Log Cabin to White
House." He spoke of the early life of
Lincoln of the hardships on the frontier
of Kentucky, Indiana and Illinois of
his business ventures, some of them
failures and others a success of his
family, and lastly of the successive steps
which finally culminated in his election
to the highest office within the gift of the
American people. Speaking of the years
immediately preceding his elevation to*
the presidency, Rev. Maes said:
"In 1850 slavery was abolished in the
District of Columbia. During the next
five years Lincoln made many speeches
and, in 1856, when 45 years old, was
looked upon as the leader of the Republi
cans and his speech at the Bloomingtom
Convention was regarded as the greatest
ever made in Illinois. In 1859 he spoke
in Ohio and Kansas. The following year
he was persuaded to tour New England
and spoke in New York City in February
of that year at a mass meeting presided
over by William Cullen Bryant.
"In March, 1860, the Republican con
vention at Chicago unanimously nomi
nated him for the presidency with.
Hannibal Hamlin as his running mate.
Thus was Abraham Lincoln placed be
fore the nation at 51 years of age as a.
candidate for the highest honor in ita
power to bestow. It had been a long:
and tedious passage from the log cabin,
to the White House, for half of his years,
had been spent in the wilderness without
wealth or social position. He had:
raised himself by force of manly ex
cellence of heart and brain and by the
gooa Providence of God into national
"On February 11, 1861, shortly before
his inauguration, he made a visit to lus
stepmother and afterward took a sads#l
(Continued on Page 2)
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